With construction projects, there are many things at stake. It’s important that parties know the law, what is required of them, and how it applies to certain problems. Whatever your role is in a project, a lawyer for construction contracts is there to help you with any legal issues. But what exactly can they do, and when should you call one?
What does a lawyer for construction contracts do?
Construction lawyers wear a lot of (hard) hats when they deal with their clients. They are engaged in the different stages of a construction project — from the conceptualization of the project, initial preparations, construction proper, even years after its completion.
A lawyer for construction contracts can help clients with:
- drafting the construction contract and other legal documents needed
- reviewing and verifying any document that came from the other party
- enforcing the construction contract in case of disputes and breaches
- assist with any matter that needs the interpretation of Canadian construction laws
Lawyers for construction contracts can also help their clients with using the standard form documents. For instance, the Canadian Construction Documents Committee (CCDC) has its recommended construction contract forms. Watch this video to know if the CCDC’s construction contract standard form is right for your project:
Looking for a lawyer for construction contracts? Check out our list of the best construction lawyers in Canada as ranked by Lexpert.
Clients of lawyers for construction contracts
Construction projects involve many stakeholders, whether the project is a complex one or is a relatively smaller project. These stakeholders can be represented by a lawyer for construction contracts in whatever stage of a project or dispute-resolution method they find themselves in:
- project owners or principal proprietors
- contractors
- subcontractors and sub-subcontractors
- suppliers of construction materials
- labourers and workers
When do I need to hire a lawyer for construction contracts?
Ideally, parties must have legal counsel even before a construction project starts. A construction lawyer is also vital when dealing with legal issues and when communicating with the other party for whatever purpose.
1. Before a construction project starts
Lawyers for construction contracts are experts on reviewing any agreements before you and the other parties sign and finalize the deal. It is practical for all concerned that the contract contains everything looking into the future of the project. It is also wise that the provisions of Canada’s construction laws are reflected in the contract. As such, having a lawyer even before a construction project starts is necessary.
Some roles that a construction lawyer can help you with during the pre-construction phase are the following:
- addressing legal risks: by advising clients on a construction project’s legal aspects, parties can identify and eventually minimize these risks during the implementation phase
- provide practical knowledge: aside from their legal knowledge, construction lawyers can connect what the law says with how it’s applied in a specific construction project
Asking for expert advice from a lawyer for construction contracts is helpful, so that any future conflicts are proactively addressed by all parties. By doing so, parties in the contract can save time and money in resolving issues which could’ve been prevented in the first place.
2. When a construction dispute arises
No matter how diligently prepared your contract is, there are times when construction disputes still arise. There are several ways to resolve these conflicts with the help of a construction lawyer:
- negotiation: an informal process where two conflicting parties try to resolve matters on their own, or through their legal counsel
- mediation: where a third party steps in to help conflicting parties reach a settlement
- arbitration or adjudication: where an arbitrator or adjudicator, or a panel with three or five members, decides on an issue
- litigation: where the issue is brought to court and decided by the judge
Assistance of legal counsel is important (or may even be required) in these cases. This is not only to protect your rights and interests, but also to ensure that you’ll get the best results no matter which legal process was followed.
3. When dealing with parties in a construction contract
From the preparation to the groundbreaking, and until it’s turned over, you’ll be dealing with other parties for many reasons. A lawyer for construction contracts is the proper professional to guide you.
Other parties in a construction project
In some circumstances, dealing with another party is best handled by a lawyer for construction contracts. For instance, lawyers are helpful when the project is still in its negotiation stage. Given that lawyers are skillful negotiators and when the other party is also represented by a lawyer, having a construction lawyer by your side is beneficial.
Government agencies and bodies
Administrative processes by regulators and other government agencies can be difficult to understand. Going over these, on top of managing the success of your project, can be challenging.
Let your construction lawyer deal with that to save you the stress and unnecessary costs. With their knowledge of these procedures through their experience in dealing with regulators and government bodies, your legal matter can be resolved promptly and easily.
How can I find a lawyer for construction contracts?
There are plenty of reliable sources which you can rely on when you’re looking for a construction lawyer in Canada:
- through Lexpert’s directory: you can use our directory of the best lawyers in Canada to look for lawyers, no matter the legal practice area they’re in
- by asking for referrals: you can also ask your trusted sources in the industry on which lawyers or firms can handle your specific case in the best way
If you’re from Vancouver and are looking for a lawyer for construction contracts, reach out to the Lexpert-ranked best construction lawyers in British Columbia.